Employment and Support Allowance (ESA)
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Tribunal

I went to the tribunal yesterday for ESA, I have been in the support group for 4 years, but last Dec it was decided I am miraculously better, the assesor was dreadful, told me I wasnt terminally ill, I wasnt severely disabled so she could have me sat on a stool packing bananas, I was very upset, and complained, and there followed MR, and then the tribunal.

The tribunal wasnt much better but at the end they said they were awarding me 15 points but Im sure they said but not the support group, and would re assess me in two years, I asked what that meant and the judge said you will still get ESA, and back dated, regretting it now that I didn't ask more, but I just wanted to go home

I was previously CB esa, and before the support group I was on IB, so Im not sure if Ive had the 365 dys in wrag, Ive rang DWP, and she said if they have put me in the wrag, It will start again from the decision of the tribunal, please if anyone has experince of this I would be grateful.

I havent been  paid anything since last December, and although my husband works more than the 24hours, we are getting a bit desperate, I worked for over 25years always paying full stamp.

Replies

  • Paddock59Paddock59 Member Posts: 26 Connected
    Had the same experience myself at tribunal dwp awarded me nil points went to apeal was given 15 pts from 2 discriptors they tell me points don't count for support group you have to meet the full cryteria of a support group section in full to be put in support group. So I was put in the Wrag group they just pay your ni. The cab say they you are not fit to work but not able to be put in support group as you don't meet the criteria. I want to apeal to the upper tribunal but been told un less there is a leagel reason I can't.I said my assessment was total un league because of there statements in it were unable true was told this wasn't a leagel reason. They put me in the Wrag group and not the support group as I went on holiday and could walk around the super market with aid of a trolley so even though I stateted I couldn't walk more than 50 meters in my assessment they receone after reading the assessment I could walk 100 Meters. Hope you have better look than me. I'm still sending letter to tribunal as I feal I'm unreasonably been treated.
  • misselliemissellie Member Posts: 6 Listener
    Thankyou thevwupermarket thing must be a general question, they asked me that, but wouldnt listen to the facts of my sister takes me, I have the trolley and maybe only stay 5 minutes then I wait in the coffe shop, where I can sit and have a rest, dont need them to pay me any more ni stamps, Ive got more than enough for my pension.

    Im tempted to appeal to the upper tribunal just not sure I have a legal reason, but I truly cant see the point of me being in wrag, and they even said they would assess me again in 2 years, for what I dont know, I am beyond annoyed, at how you can be in the support group for years and my condition cant get better 
  • misselliemissellie Member Posts: 6 Listener
    Can I ask while I am in the wrag, whatbhappens if my condition worsens, can I a-ply again, even though I havent worked for about ten years , I was claiming CB esa 
  • RipplesRipples Member Posts: 189 Pioneering
    @missellie if your condition changes you can inform DWP but be aware that this might trigger another assessment.
  • misselliemissellie Member Posts: 6 Listener
    Thankyou but would I be able to make another claim even though I havent worked for years 
  • Paddock59Paddock59 Member Posts: 26 Connected
    I've not worked for 3 yrs and are looking at getting 18 months back pay if it is all possible if  I can up hold my claim. Wich seams to get harder by the day due to one regulation or another. But once all avenues have closed and I could only use medical evidence up to 12 months ago and my condition has got a lot worse I been told to make a new claim but when I do I will lose all back pay.
  • misselliemissellie Member Posts: 6 Listener
    Oh dear it just seens all a complicated ploy not to pay anybody benefits, and when you thinkmof the millions this country spends and wastes, its shameful
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